Factortame case PDF

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Factortame facts...

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Factortame case Facts:    

F and other owners of 95 fishing vessels sought an interim injunction against the Secretary of State to prevent him from enforcing the Merchant Shipping Act 1988 Part 2 against them Fishers enjoyed fishing rights that entitled them to surpass UK fishing quotas 1988 act: registration of such rights compulsory F challenged act b/c it contravened European law

Held: -

Interim relief would be granted pending a final decision from the European Court as to the validity of the UK registration laws EU Court: national rules must be set aside in cases concerning community law

European community act  limited parliamentary sovereignty evident in factortame – However, Lord Bridge’s use of ‘disapplication’ rather than overruling preserves some of parliamentary authority implying that it may have the authority to apply it again in the future. While they have the European communities act enacted parliament is bound by factortame

Thoburn v Sunderland City Council Facts: Weights and measures act 1985 (UK law) Units of measurement regulations 1994 (EU law) – what units of measurement should be used in the UK. Amended the weights and measures act 1985 – argued that the conditions were invalid since it permitted the use of imperial units  repealed. exercise of the powers that were confirmed under the European communities act (UK law) Constitutional statutes: all domestic acts within the uk are equal  cant be repealed impliedly entrenched acts: Human rights act, constitutional reform act, devolution act...